Sood Enterprises Ltd v Healy [2013] UKEAT 0015_12_BI_1403

The Claimant, Mr Healy, worked for the Respondent before suffering a stroke. He was subsequently off on sick leave from June 2010 until July 2011, when he resigned. He sought payment in lieu of holidays he argued had accrued whilst on sick leave under Regulations 13 and 13A of the Working Time Regulations, which implement the Working Time Directive.

The Respondent argued that the Directive only applied to emanations of the state and, if not, that payment in lieu of leave for that part of the first leave year Mr Healy had been sick had not been requested and could not be carried forward. The appeal was postponed until the decision of the Court of Appeal in NHS Leeds v Larner was available.